State v. Cook

Citations

• 2019 Ohio 3610

Syllabus

Under Crim.R. 7(D), the trial court may amend the indictment at any time before, during, or after trial to correct a variance between the evidence presented at trial and the allegations in the indictment as long as the amendment does not change the identity or name of the crime charged. The date of a rape is not an essential element of a crime. When the victime of a rape is a child, the dates of the offense may be difficult to ascertain.